AN ACT to amend and reenact §8-5-5 of the Code of West Virginia,
1931, as amended, relating to elected municipal officers; and
authorizing municipalities to stagger and/or change the terms
of elected municipal officers by ordinance and approval of the
voters.

Be it enacted by the Legislature of West Virginia:

That §8-5-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY; CONFLICT OF INTEREST.

PART II. REGULAR ELECTION OF OFFICERS.

§8-5-5. Regular election of officers; establishment of longer terms.

(a) After the first election of officers of a city, town or
village, the regular election of officers shall be held on the
second Tuesday in June of the appropriate year, unless otherwise
provided in the charter of the city or the special legislative
charters of the towns or villages.

(b) A municipal election date established by a charter
provision may fall on the same day as the county-state primary
election or general election only when the voting precinct
boundaries in the municipality coincide with the voting precinct
boundaries established by the county commission or when the charter
provides for separate registration books. If a municipal election
falls on the same day as the county-state primary or general
election, the municipality and county may agree to use the county
election officials in the municipal elections, if practicable, or
the municipality may provide for separate election officials.

(c) A municipal election date established by charter provision
may fall within twenty-five days of a county-state primary or
general election only where separate registration books are
provided and maintained for the municipal election.

(d) Any municipality which establishes its election date by
charter provision must comply with the provisions of this section
or the election date shall be the second Tuesday of June. The
language of this section may not be construed to prevent any city,
town or village from amending the provisions of its charter or
special legislative charter, to provide that its municipal election
be held on some day other than the second Tuesday in June.

(e) Officers of a city may be elected for a four-year term at
the same election at which a proposed charter, proposed charter
revision or charter amendment providing for four-year terms is
voted upon. The ballots or ballot labels used for the election of
officers must indicate that the officers will be elected for four-year terms if the proposed charter, revision or amendment is
approved. Officers of a town or village may be elected for a four-year term upon approval by a majority of the legal votes cast at a
regular municipal election of a proposition calling for four-term
terms. The ballots or ballot labels used for the election of
officers must indicate that the officers will be elected for four-year terms if the proposition is approved.

(f) Municipalities are authorized to stagger and/or change the
terms of elected municipal officers. Prior to any changes being
made to the terms of elected municipal officers, the procedure to
stagger and/or change the terms shall be set by ordinance and must
be approved by a majority of the voters.

(1) A municipality whose officers serve two-year terms, may
lengthen the term to four years for half of the elected officers,
except that the lengthening of terms cannot be implemented until
following the subsequent election for that office;

(2) A municipality whose officers serve four-year terms, may
shorten the term to two years for half of the elected officers;

(3) After the terms are lengthened or shortened as permitted
by this subsection, those officers shall resume the two-year or
four-year term of office; and

(4) Selection of elected officers whose term is shortened
shall be determined by a random chance with an equal chance for
each officials term to be shortened.